Florida Statutes
Fla. Stat. § 624.10 (2025)
Other definitions.
✓ 2025 Florida Statutes — current through the 2025 Regular Session
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624.10 Other definitions.—As used in the Florida Insurance Code, the term:
(1) “Affiliate” means an entity that exercises control over or is directly or indirectly controlled by the insurer through:
(a) Equity ownership of voting securities;
(b) Common managerial control; or
(c) Collusive participation by the management of the insurer and affiliate in the management of the insurer or the affiliate.
(2) “Affiliated person” of another person means:
(a) The spouse of the other person;
(b) The parents of the other person and their lineal descendants, or the parents of the other person’s spouse and their lineal descendants;
(c) A person who directly or indirectly owns or controls, or holds with the power to vote, 10 percent or more of the outstanding voting securities of the other person;
(d) A person, 10 percent or more of whose outstanding voting securities are directly or indirectly owned or controlled, or held with power to vote, by the other person;
(e) A person or group of persons who directly or indirectly control, are controlled by, or are under common control with the other person;
(f) An officer, director, partner, copartner, or employee of the other person;
(g) If the other person is an investment company, an investment adviser of such company, or a member of an advisory board of such company;
(h) If the other person is an unincorporated investment company not having a board of directors, the depositor of such company; or
(i) A person who has entered into a written or unwritten agreement to act in concert with the other person in acquiring or limiting the disposition of securities of a domestic stock insurer or controlling company.
(3) “Control,” including the terms “controlling,” “controlled by,” and “under common control with,” means the direct or indirect possession of the power to direct or cause the direction of the management and policies of a person, whether through the ownership of voting securities, by contract other than a commercial contract for goods or nonmanagement services, or otherwise. Control is presumed to exist if a person, directly or indirectly, owns, controls, holds with the power to vote, or holds proxies representing 10 percent or more of the voting securities of another person.
(4) “NAIC” means the National Association of Insurance Commissioners.
(5) “Transact” with respect to insurance includes any of the following, in addition to other applicable provisions of this code:
(a) Solicitation or inducement.
(b) Preliminary negotiations.
(c) Effectuation of a contract of insurance.
(d) Transaction of matters subsequent to effectuation of a contract of insurance and arising out of it.
History.—s. 10, ch. 59-205; s. 3, ch. 76-168; s. 1, ch. 77-457; ss. 2, 3, ch. 81-318; ss. 15, 809(1st), ch. 82-243; ss. 187, 188, ch. 91-108; s. 4, ch. 91-429; s. 1, ch. 2014-101.
Notes of Decisions
Cited in 6
cases, 1989–2009 · leading case: Borden v. East-Eur. Ins. Co., 921 So. 2d 587 (Fla. 2006).
Borden v. East-Eur. Ins. Co., 921 So. 2d 587 (Fla. 2006). “§ 624.10, Fla. Stat. (2005). Section 626.”
Winterthur Intern., Ltd. v. Palacios, 559 So. 2d 1214 (Fla. 3d DCA 1990). “Section 624.10, Florida Statutes, provides: "Transact" with respect to insurance includes any of the following, in addition to other applicable provisions of this code: (1) Solicitation or inducement.”
Nat. Fed. of Ret. Persons v. Dept. of Ins., 553 So. 2d 1289 (Fla. 1st DCA 1989). “NFRP acknowledges that it "facilitates contact between an agent and a potential client" but argues that its acts do not constitute a "solicitation or inducement" within the meaning of "transacting insurance" as that term is used in section 624.10, Florida Statutes. It contends…”
Hassneh Ins. Co. of Israel, Ltd. v. Plastigone Tech., Inc., 623 So. 2d 1223 (Fla. 3d DCA 1993). “According to section 624.10, Florida Statutes (1991), a transaction of insurance includes the “[ejffectuation of a contract of *1226 insurance” and the “[t]ransaction of matters subsequent to effectuation of a contract of insurance and arising out of it.”
East-Eur. Ins. Co. v. Borden, 884 So. 2d 233 (Fla. 2d DCA 2004). “The court based its decision on the fact that subsection (4) uses the language "transaction of insurance," which the court, citing to section 624.10, Florida Statutes (1987), stated is a defined term in the Florida Insurance Code.”
Advantage Gen. Ins. v. KILN/QBE Int'l, 8 So. 3d 1213 (Fla. 4th DCA 2009). “” § 624.10(1)-(3), Fla. Stat. (2007). Since Advantage filed suit as an insured, not an insurer, we conclude that section 626.”
— 624.10(1) — 1 case
Advantage Gen. Ins. v. KILN/QBE Int'l, 8 So. 3d 1213 (Fla. 4th DCA 2009). “” § 624.10(1)-(3), Fla. Stat. (2007). Since Advantage filed suit as an insured, not an insurer, we conclude that section 626.”
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